No Good Deed Goes Unpunished? Use Lawyers to Avoid Trouble Related to Background Checks

by Brendan J. Begley
The Labor & Employment Law Blog

A precedential decision last week by the California Court of Appeal may leave some employers feeling like no good deed goes unpunished. That decision ruled that a jury would have to decide if an employer willfully violated the Fair Credit Reporting Act (“FRCA”) by letting a non-attorney manager communicate with outside lawyers to ensure that its background checks were in compliance with the FRCA.

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The Spread of Employee Lawsuits Related to COVID-19 May Be Widening, But Treatments and Cures May Exist

by Brendan J. Begley
The Labor & Employment Law Blog

A blog we published here on May 28, 2020, correctly noted that California’s workers-compensation laws may immunize employers from most civil lawsuits alleging that employees became infected with the coronavirus on the job.  That blog also correctly emphasized that other types of lawsuits may spread from lax pandemic protocols.  This week the California Court of Appeal issued a unanimous three-judge decision outlining a potential path for workers and their families to get around workers-compensation immunity and maintain a possible new strain of civil actions.

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26 Weintraub Tobin Attorneys Included in Sacramento Magazine’s Top Lawyers List 2021

Weintraub Tobin is pleased to announce that 26 of its attorneys have been recognized as 2021 Top Lawyers by Sacramento Magazine, including 8 attorneys recognized in multiple practices. Voting for Top Lawyers was managed by Professional Research Services and was open to all licensed attorneys in Sacramento. Voters were asked which of their peers they would recommend among 53 legal specialties, and the list reflects attorneys who received the highest number of votes in each specialty.

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35 Weintraub Attorneys Named to 2021 Northern California Super Lawyers and Rising Stars Lists; Firm Retains Highest Percentage of Sacramento Top 25 List

Weintraub Tobin is pleased to announce that 38 of its attorneys have been included on the 2021 Super Lawyers and Rising Star lists for outstanding attorneys in Northern California.  In addition, 4 Weintraub Tobin attorneys received special recognition on Northern California and Sacramento “Top” lists. Weintraub attorneys represent 16 percent of the 2021 Sacramento Top 25 Super Lawyers, achieving the region’s highest percentage again this year.

Attorneys selected to the 2021 Northern California Super Lawyers list include Brendan J.

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Virtual Training: Mandatory Sexual Harassment Prevention Training: Engaging and Effective Training for Non-Supervisors and/or Supervisors

The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for non-supervisors and supervisors require that employers having five or more employees provide at least two hours of classroom or interactive training and at least one hour of classroom or interactive training and education to nonsupervisory employees within six months of their hire. Training must be provided every two years.

On June 10, 2021, the Labor & Employment Group at Weintraub Tobin presented a two hour effective interactive virtual training session that complied with all the requirements outlined in the regulations including things like:

  • An overview of sexual harassment laws
  • Examples of conduct that constitute sexual harassment
  • Strategies to prevent harassment in the workplace
  • Lawful supervisory responses to complaints of harassment in the workplace
  • Training on prevention of “abusive conduct”

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WT Wins: Published Opinion Protects Survivors of Domestic Violence

Weintraub attorney Brendan J. Begley recently convinced the California Court of Appeal that a person who obtains a Domestic-Violence Restraining Order (“DVRO”) against an abusive person can have a trial court renew that order once it is about to expire even if the restrained person’s appeal from the original DVRO remains pending at that time.  (In re Marriage of Carlisle (2021) 60 Cal.App.5th 244, 246.)  Generally, once an appeal is filed in state court,

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WEBINAR: Employment Law Update 2020/2021 - Part I & Part II

Summary of Program

Our Labor & Employment Group presents our annual Employment Law Update where they discuss important legal developments from 2020 and review a number of new employment laws and relevant court cases impacting employers in 202

Program Highlights – Part 1 of 2

This part will focus on:

  • Class Actions
  • Independent Contractors Status
  • Wage and Hour Obligations Specific to Non-Exempt Employees
  • Wage and Hour Obligations Specific to Exempt Employees

This seminar was presented and recorded on January 6,

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Don’t Delete Your Lyft or Uber Apps Before October 2020, and Maybe Not Until May 2021; Appellate Court Grants Short Stay of Order Regarding Misclassification of Drivers

by Brendan J. Begley
The Labor & Employment Law Blog

A ruling today by an appellate court gives ride-sharing companies Lyft and Uber roughly two more months to treat their drivers in California as independent contractors.  That ruling follows a recent decision by a trial court in San Francisco that made national news by concluding that those companies had been misclassifying their drivers as non-employees under California law.

The San Francisco County Superior Court issued an injunction on August 10, 2020, ordering Lyft and Uber to begin classifying its California drivers as employees,

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